UNDERGROUND CONSTRUCTION CO. v. RACHEL ELLIS

Case No.: FCS054322    

Motion for Summary Judgment
TENTATIVE RULING
Plaintiff’s unopposed motion for summary judgment is granted. Defendant has failed to file and serve a separate statement disputing any of the material facts Plaintiff contends are undisputed, which alone justifies granting the motion. (Code Civ. Proc. § 437c(b)(3); Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 744.) In addition, Plaintiff has met its burden of establishing the essential elements of its second cause of action for misappropriation of trade secrets. The essential elements of a claim for misappropriation of a trade secret under California’s Uniform Trade Secrets Act (“CUTSA”) are: 1) the plaintiff owned a trade secret, 2) the defendant acquired, disclosed, or used the plaintiff’s trade secret through improper means, and 3) the defendant’s action damaged the plaintiff. (CytoDyn of New Mexico, Inc. v. Amerimmune Pharm., Inc. (2008) 160 Cal.App.4th 288, 297.) Plaintiff’s separate statement of undis........